Fair Use: Remix Culture, MashUps, and Copyright
Recent advances in technology have led to the increased malleability of media like text, music, and video. Concurrent advances in the speed and flexibility of communication have resulted in the growth of "citizen media," where amateurs and regular citizens are making use of copyrighted content in the process of civic engagement. Meanwhile, others are using copyrighted content to build a culture of remixes and mashups — essentially multimedia collages — exercising a great deal of wit and creativity in the process.
First, what is copyright? Let's see a "Disney" explanation
LOL?
As an exception to copyright, fair use has been a key to the freedoms individuals have in interacting online. Fair use permits individuals to do things that could otherwise be deemed illegal under copyright law — like using clips from a television show in a video produced to comment on a controversy related to the television show. The copyright statute codifies the following four factors in weighing whether or not the use of a copyrighted work is a fair use:
•the purpose and character of the use
•the nature of the copyrighted work
•the amount and substantiality of the portion used
•the effect of the use on the market for the original
These four factors have been the basis for numerous court decisions about what is acceptable in art, commerce, and other areas where copyright law has an impact. You can find more explanation about these four factors in the Fair Use FAQ. Understanding the basics of fair use is critical to your ability to make good decisions about what kinds of creation and sharing are legally protected — or not.
Fair Use?
Understanding Fair Use
But learning about fair use is also an opportunity for you to encounter important civic concepts. For example, Congress codified several fair use principles in 1976, but those principles were based on, and have been further developed by, a series of important court decisions. This relationship between the statutes and the courts may provide a useful starting point for students to understand more about how law is made and developed.
Fair Use: Remix Culture, MashUps, and Copyright
Recent advances in technology have led to the increased malleability of media like text, music, and video. Concurrent advances in the speed and flexibility of communication have resulted in the growth of "citizen media," where amateurs and regular citizens are making use of copyrighted content in the process of civic engagement. Meanwhile, others are using copyrighted content to build a culture of remixes and mashups — essentially multimedia collages — exercising a great deal of wit and creativity in the process.
First, what is copyright? Let's see a "Disney" explanation
LOL?
As an exception to copyright, fair use has been a key to the freedoms individuals have in interacting online. Fair use permits individuals to do things that could otherwise be deemed illegal under copyright law — like using clips from a television show in a video produced to comment on a controversy related to the television show. The copyright statute codifies the following four factors in weighing whether or not the use of a copyrighted work is a fair use:
•the purpose and character of the use
•the nature of the copyrighted work
•the amount and substantiality of the portion used
•the effect of the use on the market for the original
These four factors have been the basis for numerous court decisions about what is acceptable in art, commerce, and other areas where copyright law has an impact. You can find more explanation about these four factors in the Fair Use FAQ. Understanding the basics of fair use is critical to your ability to make good decisions about what kinds of creation and sharing are legally protected — or not.
Fair Use?
Understanding Fair Use
But learning about fair use is also an opportunity for you to encounter important civic concepts. For example, Congress codified several fair use principles in 1976, but those principles were based on, and have been further developed by, a series of important court decisions. This relationship between the statutes and the courts may provide a useful starting point for students to understand more about how law is made and developed.